Home businesses not allowed in Naples? Council weighs question Wednesday

NAPLES - "It was obvious the code was not being enforced. We had many residents violating the code. We have more and more people who are working out of their homes," Councilman John Sorey said. "I thought we should make the code more realistic with the current business practices and at the same time, make sure we don't have traffic, noise and other business activities affecting the quality of neighborhoods."

Naples City Council meets at 8:30 a.m. Wednesday at City Hall, Eighth Street South.

There really is no place like home — so why not work there too? That's the question Naples officials will address Wednesday.

"Use of a home for what many view as a minor, routine business activity is illegal under the city's code," City Manager Bill Moss has said.

Councilwoman Teresa Heitmann isn't confident in that assessment.

"I think people have been operating offices out of their homes forever," Heitmann said. "My concern is it doesn't look like there needs to be a code modification.

"They're saying we're not allowing home offices, home occupations. The use of telephones, computers and communication devices is not considered a home occupation. So, I'm not sure (the code) really needs to be touched, but in theory, I think looking at it was a wise move," she said.

Other ordinances already are in place to cover concerns some might have about home businesses, including parking, signs and noise, Heitmann said.

"The key discussions are the mechanisms that need to be in place to deal with someone who doesn't just have a home office, but has a business running out of their home that affects the neighborhood," she said.

There is no need to change the code, Heitmann concluded.

Councilman John Sorey disagrees. Sorey was the first council member to request the home business code be re-evaluated and it's on the agenda for the meeting scheduled to begin at 8:30 a.m. Wednesday.

"It was obvious the code was not being enforced. We had many residents violating the code. We have more and more people who are working out of their homes," Sorey said. "I thought we should make the code more realistic with the current business practices and at the same time, make sure we don't have traffic, noise and other business activities affecting the quality of neighborhoods."

Today's businesses can be run entirely electronically, he said. The city should support businesses as long as it comes with no negative consequences for nearby residents.

"The code says you cannot have an executive assistant come to your home and work for you in the daytime … you could not legally bring a student into your home and teach piano lessons," Sorey said.

The people who think the code allows for such home occupations are mistaken, he said.

Although Sorey was the impetus for looking at the home business code change, he said it's not the biggest issue facing council.

"I think the most important thing that is going to happen Wednesday is the Publix, the new store across from Coastland (Center) mall. The challenge is they want substantial deviations, and, if we go forward, we're going to be living with those deviations for the next 40 years."

He expressed concern for the residents behind the new Publix for Naples Plaza. The supermarket's request for a 25-foot rear setback puts an alley, potentially with significant noise and intrusion, coming into an otherwise quiet residential area, Sorey said.

"I hope we can figure out a way because we definitely want the new Publix store," Sorey said.

The decades-old Publix grocery store in Naples Plaza on U.S. 41 North will be renovated to make way for an updated supermarket. Council will consider several variances, or variations from city code, for the Publix, including fewer than the normal number of required parking spaces, a rear set back of less than 25 feet compared to the required 100 feet and increased sign space, among others.

Council also is to consider:

■ Allowing transient lodging in the D-Downtown area, as well as decreasing parking expenses and other policy updates for the area with the goal of spurring development in the D-Downtown area also known as the "Heart of Naples," which is along U.S. 41 from the Four Corners to Seventh Avenue North. Four Corners is where U.S. 41 makes a sharp turn in downtown Naples.

■ Ratifying a contract with the police union.

■ Reviewing, as is required every six months, the live entertainment ordinance. Several city business leaders sent letters to council requesting that no changes be made that would increase live entertainment restrictions.